..... 2) that it is an interesting coincidence that the sanskrit word 'jimha' which means 'crooked' was used in an ancienthindulaw text in the sense of tortious or fraudulent conduct. (the reference is to a text of narada cited in priyanath sen, hindu jurisprudence page 211).(15) lalta parshad, from whom the landlady says she got possession, was not entitled to any specific ..... question for consideration is whether the taking of possession by the landlady of nearly a moiety of the premises is tortious in this case. s ramaswamy iyer in his 'the law of torts' (fifth edition, page 1. states that the french word 'tort' means in its etymologica. sense, a 'twisting out' and in a popular sense, a crooked act, a transgression ..... not been initially given. in confirming the decision of the calcutta high court (with the further limitation of the appeal being heard exparte) the judicial committee confined itself to the law applicable to the case of landlord failing to give possession initially but not to the case of depriving the lessee of possession of even a portion later. the judicial committee .....

..... best known to her, to leave her husband and it was she who left her husband, not that the husband deserted her. (8) the ancienthindulaw was based on the concept of dharma which included the supremacy of morals and the established code of conduct laid down by the scriptures. with the ..... change in the way of life and the outlook of people the thought of process for bringing about changes in hindulaw also started. it was realised that the ancient way of life must yield to a more realistic approach in human relationship. this ultimately resulted in codification of various facts ..... of hindulaw adapted to suit the requirements of the modern way of life. the enactment of the hindu marriage act, 1955 was a result of this change in thinking, to do away with the ancient outmoded concept of marriage and to put this human ..... single judge of this court, whereby accepting the appeal of the respondent herein, the petition of the appellant herein for judicial separation under section 10 the hindu marriage act, 1955 (hereinafter called the act) was dismissed. (2) the appellant and the respondent are hindus who were married at delhi on 2nd ..... relationship on a more rational basis. thereforee, in construing the provisions of this law, a practical and human approach .....

..... doubt over this matter. the succession thus takes place in accordance with section 8 of the said act contrary to the ancienthindulaw. the two judgments of the supreme court have clearly explained this position and have been repeatedly followed in subsequent judgments by the apex court and this court ..... for the devolution of tenancy rights in respect of such holdings.26. it was thus submitted that wherever a provision is made under the act, the ancienthindulaw would cease to operate.27. learned counsel for the defendants referred to two important judgments of the apex court in this behalf to contend that the ..... be considered. the ratio of the two judgments of the apex court in so far as the principle of law is concerned, is amply clear. the provisions of the said act modified the ancienthindulaw and in view of the clear mandate of section 4 of the said act, there can again be little ..... from the inheritance as well as the relinquishment deed. it was held not to be a coparcenary property. the learned judge observed as under:7. ...hindulaw as it stands today clearly postulates that if it is a self-acquired property of the father it falls into the hands of his sons not as ..... court in commr. of wealth tax, kanpur v. chander sen : [1986]161itr370(sc) , where one of us (sabyasache mukharji, j.) observed that under the hindulaw, the moment a son is born, he gets a share in father's property and becomes part of the coparcenary. his right accrues to him not on the .....

..... suit / proceedings involving the same property, the judgment therein binds his successor in interest. however the said principle, as aforesaid, is not applicable to rights under the ancienthindulaw where the rights of the grandsons to the ancestral property are independent of the rights of their father. moreover, this court at that stage was not concerned with the ..... on 13.07.2008) would have a right by their birth. such rights of the appellants / plaintiffs are in accordance with the ancienthindulaws as applicable prior to the coming into force of the hindu succession act in the year 1956 and though the share of the appellants / plaintiffs in the property would be from the branch of ..... the year of death of sh. jawahar singh.16. if sh. jawahar singh has died in the year 1944 i.e. prior to the coming into force the hindu succession act, 1956 and the suit property can be traced to the funds of sh. jawahar singh, then the suit property would be ancestral in the hands of ..... order 41 rule 27 cpc has to be disposed of and he is ready for arguments thereon only. upon being told that such applications, as per the established law, are to be heard along with the appeal only, though he has given a narration of the facts of the case, however stating that some of the ..... .324/2006.18. a full bench of the lahore high court in lala maha deo vs. ranbir singh air 194.lahore 220 held that a hindu son does not claim under his father within the meaning of section 11 of the cpc inasmuch as a son in a joint .....

..... became a member of the huf.18. the defendant no.2 cannot become a member of the huf of his maternal grandfather. the concept of huf under the ancienthindulaw is patrilineal and not matrilineal. hence, on the said date, the court framed the issues as follows: (i). whether the defendant no.1 is entitled ..... father. it is further held that defendant no.2 cannot become a member of the huf of his maternal grandfather inasmuch as conception of huf under the ancienthindulaw is patrilineal and not matrilineal. relevant portion of the said order is reproduced as under: 15. the question which arises is whether an issue needs to ..... passed by this court in the earlier proceeding. it is pointed out that defendant no.1 had also filed a suit being cs(os)1307/2010 under hindu adoption and maintenance act, 1956 against plaintiff and defendant no.2 seeking maintenance and right of residence in the suit premises. on 20.12.2010 this ..... a right to live in the house of her husband s parents without their wishes and caprice. law permits a married woman to claim maintenance against her inlaws only in a situation covered under section 19 of the hindu adoption and maintenance act, 1956. i.e. after the death of the husband and that too ..... when she is unable to maintain herself out of her own earnings etc. it would not be abominable to say that even the parents/ parents in law at the fag-end of their .....

..... section 20 of the code or any other provision. indeed, onemay note that the beneficial nature of the legislation which modifiesthe ancienthindulaw is yet controlled by certain amount of conservatism which may be read in section 23 of the hindu marriage act. i, find myself unable to hold that in section 19 of the act anywords other than those which have ..... and the 'districtcourt' within the meaning of section 3(b) of the act happen to bethe same does not justify laying down a wrong principle of law. divorce.judicial separation or even restitution of conjugal rights were notknown to hindulaw as such. these rights, at least those of divorceand judicial separation have been specially created in case of hindumarriages by the ..... orlast resided together jurisdiction to entertain petitions under the act the conjunctive used does not make the provision unenforceable orunintelligible. (20) it was urged that in a reformatory law like the hindu marriageact the reading of the provisions should have flexibility of approach sothat disputes between husband and wife could be settled. to gain support reliance was placed on r. v ..... within the local limits of whose ordinaryoriginal civil jurisdiction the marriage was solemnisedor the husband and wife reside or last resided together.'section 19 of the hindu marriage act, 1955 has been amendedby the marriage laws (amendment) act 68 of 1976 and the sectionnow reads as under :- '19.court to which petition shall be presented :-every petition under this act .....

..... , thereforee. be coparcenary property and ordinarily it would have been inherited by the members by survivorship but the act has made an inroad on this rule of ancienthindulaw and created a class of statutory heirs. as observed by g. k. misra. j. in madhusudhan rav v. ananta charan behera : air1963ori183 . the ..... share of the deceased on partition before his death would have come to one-seventh as his wife as mentioned a paragraph 315 of mulla's hindulaw. would have been entitled to obtain a share along with her five sons and now the daughters would. thereforee. get one-eighth share out of ..... would be allotted to him if a partition of the property had taken place immediately before his death among the coparceners according to the rules of hindulaw. the court answered the problem raised in that case that the property was allottable in three shares before the death of the deceased. namely. between ..... amongst the parties and section 6 does not apply to the joint family property apart from the coparcenary property. there is no doubt that in pure hindulaw. according to mitakshara school. the female heirs are not members of the coparcenary which is a much narrower body confined to persons who acquire an ..... we have ordered accordingly. so far as the share of the mother. defendant no. 1, is concerned, under the provisions of the hindu succession act. (as well as the hindulaw) she is entitled to obtain a share equal to her son and. thereforee the share of the plaintiff and defendants nos. 1 .....

..... orderarijit pasayat, c.j.1. marriage and sonship constitute some of the unique chapters in the literal legis of ancienthindulaw. as early as the time of rig-veda, marriage had assumed a sacred character of a sacrament and sanction of religion had heightened the ..... does not desire to adopt the life of a sanyasi. these lofty ideals and principles have been highlighted in mullah's hindulaw (see the seventeenth edition).2. divorce, however, is a thorny question. hindulaw, strictly so called, did not allow divorce except in certain communities, in the lower social strata, where it was permitted by ..... and the foundation of important legal rights and obligations. the importance and imperative character of the institution of marriage needs no comment. in hindulaw, marriage is treated as a smaskara or a sacrament. it is the last of ten sacraments, enjoined by the ..... essentially as follows:-both the husband and wife belonging to lower-middle class families entered into a marital knot on 21.10.1990 at new delhi according to hindu rites. on 27.03.1992, the husband filed a petition for dissolution of the marriage by a decree of divorce on the ground of 'cruelty'. according ..... the husband be missing, or dead, or retired from the world, or impotent, or degraded, in these five calamities a woman may take another husband.' but the hindu marriage act, 1955 (in short, 'the act') statutorily provides for divorce, on nine grounds enumerated in sub-section 13(1), and two more grounds are also provided .....

..... amount of the sum found by i he court to' have been actually advanced less any amount already received by a creditor.' (4) this section codifies the ancient doctrine of damdupat as known to hindulaw. this act was enacted with object of protecting borrowers whose needs or advertises compelled them to borrow money against the oppressive exaction of money lender which often ..... any amount due on the mortgage which is in excess of twice the amount actually advanced less any amount received by the mortgagee. the act is a modern version of ancientlaws against usuary. it attempts to give soft terms to those who are weighed down with indebtedness'. (17) the view taken by the full bench was upheld by the supreme court ..... to achieve a social end. the social end was to give 'relief of indebtendness', as the title suggests. one practical means adopted to achieve that end was to codify the ancient rule of damdupat. the act strikes at transactions entered into by rapacious money lenders reserving an unconscionable or exorbitant rate of interest. (6) but as the act applies to private ..... or otherwise, whether mature or not, but shall not include debts incurred for the purposes of trade, arrears of wages, land revenue or any debt which is barred by the law of limitation, or debts due to co-operative banks or to co-operative societies or to the state bank of india or to any banking company registered under the indian .....

..... similarly, mr. justice krishnas warred yeager saw the change which conditions of modem life were making in the field of the hindulaw and observed as follows:'at no time did those standards (the ancient standards fixed by the rashes) and the rules in which they found expression attain to universal acceptance in the country, even ..... the merits of the claim of the wife would be contrary to art. 14 and unconstitutional for that reason.(2) it is true that under the hindulaw, it is the duty of the husband to maintain his wife, but the wife is not under a corresponding duty to maintain her husband. this ..... and her parents reside, or if he marries another wife, is void. such an agreement is against public policy and contrary to the spirit of the hindulaw. an agreement of this kind is no answer to a suit for restitution of conjugal rights by a husband against his wife. (2) the husband is ..... legal propositions advanced by the learned full bench and after stating it give reasons for our inability to agree with it.(1) paragraph 442 of mulla's hindulaw, 14th edition, is as follows: '(1) the wife is bound to live wither husband and to submit herself to his authority. an agreement enabling ..... the process by which a custom becomes law is well known. the custom must be ancient, certain and enforceable. the last requirement is expressed by saying that it must be supported by the opinion, necessitates. the indian decisions cited at the foot of paragraph 442 of mulla's hindulaw are of the 1898 and 1901. .....